Divorce Laws & Inheritance in Florida

Spouses often leave property to each other when they write their wills. This can be a cause for concern if they divorce, however. Conflict may arise if one spouse received an inheritance during the marriage, and both spouses claim they are entitled to a portion of it upon divorce. Florida law sets forth how a court should address these issues during divorce or probate of a will.

Non-Marital Property

Non-marital or separate property is anything either spouse purchased or received prior to the marriage, as well as any inheritance received separately during the marriage. As set forth in Florida statute 61.075, an inheritance can include a bequest to only one spouse from someone's will or property one spouse receives by descent from intestate distribution of a someone's estate. Generally, a Florida court will award a non-marital asset, such as an inheritance, solely to the spouse who owns it during a divorce.

Marital Property

In Florida, with the exception of inheritances, all property acquired by either spouse during the marriage is a marital asset. However, if a spouse does not keep his inheritance separate from marital property, it will become a marital asset, and the court will divide it between the spouses during a divorce. For example, if the spouses use one spouse's inheritance to purchase a residence, vacation home or vehicle, the purchased property becomes a marital asset, owned jointly by both spouses. The same occurs if a spouse deposits his inheritance into a joint back account.

Equitable Distribution

Under Florida statute 61.075, all marital property, including an inheritance that became marital property, is divided according to the "equitable distribution" guidelines during a divorce proceeding. This means that each spouse will be awarded a fair percentage of the assets, but that the division will not necessarily be equal. When dividing property, the court will consider each spouse's income, each spouse's contributions to the marriage, whether as the primary wage earner or a homemaker and caretaker of the children, the length of the marriage, each spouse's role in acquiring the property, whether the custodial parent should retain the marital residence and whether either spouse intentional hid, sold or destroyed assets immediately prior to or during the divorce.

Wills

Many spouses leave property to each other in their wills. When spouses divorce, they lose the right to inherit under the other's will. Florida statute 732.507 states that the divorce decree voids any provision in a will that bequeaths property to a former spouse. Instead, that property will pass to an alternate beneficiary as though the former spouse predeceased the now deceased spouse.

References

• Lawyers.com: Divorce in Florida: Dividing the Property
• The 2010 Florida Statutes: 732.507 Effect of Subsequent Marriage, Birth, Adoption, or Dissolution of Marriage
• Help Yourself Divorce: Florida Divorce Laws on Property Division
• The 2010 Florida Statutes: 61.075 Equitable Distribution of Marital Assets and Liabilities